42 loss as a consequence of the violation of the rights declared herein,99 they failed to present any specific allegation in that regard or tendered sufficient evidence to allow the Tribunal determine the amount of said loss, whether it effectively occurred or whether it was directly caused by the facts of the case.100 As to the expenses for health problems of the victims allegedly caused by the facts of the instant case, for example, the Court does not have any evidence, apart from the allegations made, that allows it to prove said situation or the causal link with the facts of the case at hand.101 Consequently, this Tribunal shall not determine any compensation for pecuniary damage in favor of the victims. ii. Non-pecuniary Damage 118. The Court’s case law has developed the concept of non-pecuniary damage and the cases in which compensation therefore is due.102 119. The Commission requested the Court to take into account “the nature of the impact the situation described has had on the victims […] and their characteristics". In this regard, it emphasized that a “significant number [...] of the victims involved in the case at hand are elderly people, therefore are expected to live less and the impact of the non-compliance with the reimbursement of unpaid amounts already ordered at the domestic level, is different [from the impact] on other younger victims”. 120. The representative pointed out that "the non-recognition of the right to adjustable pension and the non-compliance with the judicial rulings [of the Constitutional Court] have caused for [the victims] and their next-of-kin a feeling of permanent anguish, uncertainty and helplessness, by corroborating every day that, despite the existence of two judicial rulings and the countless steps taken, the State has still not paid the amounts owed”. Moreover, the representative indicated that the facts that violated the rights of the victims "radically changed their life plans". In this sense, it requested the Court to “equitably determine the amount of compensation for non-pecuniary damage”. 121. Hence, it falls upon the Court to determine whether, in the case at hand, the non-compliance with the judgments of the Constitutional Court and the resulting impairment to the right to property, caused a non-pecuniary damage to the detriment of the victims. 122. In such regard, Mr. Cosme Marino Vargas Salas stated, by means of the affidavit, that "the reduction in [his] pension seriously affected [his] possibility of [...] affording all the necessary living expenses [of his family,]” and that, among other consequences, “[his] son […] could no graduate from Law 99 Cf., affidavit rendered by Cosme Marino Vargas Salas, supra note 98 (page 2557); affidavit rendered by Julio César Borrero, supra note 98 (page 2563); statement of José Luis Guillermo Ruiz Boto rendered before the Inter-American Court at the public hearing held on January 21, 2009 and statement of José Baltasar Vitkovic Trujillo rendered before the Inter-American Court at the public hearing held on January 21, 2009. 100 Cf. Case of Tristán Donoso, supra note 95, para. 184. 101 Cf. Case of Tristán Donoso, supra note 95, para. 184. 102 This Tribunal has established that the non-pecuniary damage “may include both the suffering and distress caused to the direct victims and their next of kin, and the impairment of values that are highly significant to them, as well as other sufferings that cannot be assessed in financial terms.” Case of the “Street Children” (Villagrán Morales et al.) V. Guatemala. Reparations and Costs. Judgment of May 26, 2001. Series C No. 77, para. 84; Case of Kawas Fernández, supra note 13, para. 179; and Case of Perozo et al., supra note 13, para. 405.